The Bombay High Court on Tuesday dismissed a 2014 suit difficult the place and appointment of Syedna Mufaddal Saifuddin because the chief of the Dawoodi Bohra Community. The court docket has “only decided on the issue of proof and not faith,” a single bench of Justice Gautam Patel stated and dismissed the suit initially filed by Khuzaima Qutbuddin quickly after his brother and the then Syedna Mohammed Burhanuddin handed away in January 2014 on the age of 102.
Burhanuddin’s second son Mufaddal Saifuddin then took over because the Syedna. In 2016, after Qutbuddin handed away, his son Taher Fakhruddin took over the suit claiming his father had conferred the powers on him.
The suit sought the court docket to restrain Saifuddin from discharging his duties as Syedna. Qutbuddin had in his suit claimed his brother Burhanuddin appointed him because the mazoon (second in command) and privately anointed him as his successor by way of a secret “nass” (conferment of succession), previous to the mazoon announcement on December 10, 1965.
Fakhruddin claimed that his father earlier than dying conferred and appointed him for the place. Justice Patel, whereas dismissing the suit, stated, “I don’t want any upheavals. I have kept the judgment as neutral as possible. I have only decided on the issue of proof and not faith.”
Who are Dawoodi Bohras
The Dawoodi Bohras are a spiritual denomination amongst Shia Muslims. Traditionally a group of merchants and entrepreneurs, it has greater than 5 lakh members in India and over 10 lakh internationally. The group’s high non secular chief is named the Dai-al-Mutlaq (most senior). As per religion and Dawoodi Bohra doctrine, a successor is appointed by way of “divine inspiration”.
A “nass” could be conferred upon any deserving member of the group and never essentially a member of the family of present Dai, though the latter is usually the observe. The suit had sought the HC to restrain Saifuddin from appearing because the Dai-al-Mutlaq.
It additionally sought entry to Saifi Manzil, the home of the Syedna in Mumbai, alleging that Syedna Mufaddal Saifuddin had taken over the management function in a “fraudulent manner”.
Qutbuddin claimed that after Burhanuddin grew to become the brand new Dai-al-Mutlaq, taking on from his father Syedna Taher Saifuddin in 1965, he publicly appointed his half-brother because the mazoon (second in command) and privately anointed him as his successor by way of a secret nass.
Burhanuddin requested him to maintain the personal nass a secret, Qutbuddin claimed. He maintained that he abided by the oath of secrecy given to him by the 52nd Dai until his dying. Syedna Saifuddin opposed the suit, claiming the nass of 1965 lacked witnesses and couldn’t be accepted. He claimed that as per the established and prevalent doctrines of the Dawoodi Bohra religion, nass may very well be modified and revoked.
